Legal

QNAP SOFTWARE TERMS OF USE

Revised on November 27, 2023

 

The software (hereinafter referred to as "Licensed Software") provided by QNAP Systems, Inc., or its affiliates (hereinafter referred to as "QNAP"), including the software originally installed on QNAP products (hereinafter referred to as "Product") or legally downloaded from a QNAP software e-commerce website or any other channel provided by QNAP, no matter directly or indirectly and whether the software is an existing or subsequent updated version, will be subject to the QNAP Software Terms of Use (hereinafter referred to as "Terms"). QNAP grants the following rights to the recipients and the original purchasers (collectively, "User") of any Product or Licensed Software in accordance with these Terms, provided that the User accepts these Terms. The User is bound by these Terms once the User reads and accepts these Terms when installing or downloading the Licensed Software, or when accessing or using any Licensed Software. If the User does not agree to these Terms, please do not install, download, access, or use the Licensed Software.

Section 1 Limited Software License

QNAP grants the User a limited, non-exclusive, non-transferable, non-distributable, non-assignable, and non-sublicensable personal right to install and use the Licensed Software on the Product or any devices connected to the Product solely in accordance with these Terms.

Section 2 Copying

The User shall not copy the Licensed Software but may copy any individual software component of the Licensed Software for backup. The number of copies shall be reasonable.

Section 3 Updates

Any software or program provided by QNAP to the User or obtained by the User on the QNAP official website for the purpose of updating or repairing the Licensed Software is subject to these Terms, unless otherwise specified by QNAP. If said software contains a separate licensing provision, such provision shall prevail over these Terms. In order to prevent security attacks, the User understands and agrees to the necessity of updating the Licensed Software regularly and in a timely manner.

Section 4 License Restrictions

Without QNAP's permission or unless the licensed software expressly allows, the User shall not:

1. sublicense, distribute, rent, lease, transfer, or sell the Licensed Software;
2. modify, adapt, translate, alter, or make any derivative works of the Licensed Software;
3. remove, change, or obscure any intellectual property notices or other rights notices on the Product or Licensed Software;
4. use the Licensed Software for purposes other than those intended for the functionality of the Product;
5. use the Licensed Software with any product or service not provided or licensed by QNAP;
6. circumvent or attempt to circumvent any method or action taken by QNAP to control access to the components, functions, or features of the Product or Licensed Software; or
7. decompile, revert, or attempt to obtain the source code or any trade secrets related to the Licensed Software.

If the User violates the above provisions, QNAP reserves the right to terminate the software license to the User and may take legal action against the User for any monetary damages to the extent permitted by law.

Section 5 Open Source Software

The Licensed Software may include, but is not limited to, open source components licensed to QNAP under GPL, LGPL, or MIT licenses ("Open Source Components"). If the User encounters any conflicts between these Terms and the license terms of one or more Open Source Components, the license terms of the Open Source Components shall prevail. The User agrees that the use of any Open Source Components and/or Licensed Software shall be governed by the license terms of the Open Source Components.

Section 6 Audits

QNAP has the right to audit whether the User is using the Product or Licensed Software in compliance with these Terms, and the User agrees that QNAP may check the User's use of the Product or Licensed Software for the aforementioned purpose.

Section 7 Intellectual Property Rights and Ownership

All copyrights, intellectual property rights, titles, and interests in relation to the Licensed Software are properties of QNAP or its licensors.

Section 8 Software Security

QNAP will periodically release security advisories and updated versions of the Licensed Software to prevent the risks posed by known security vulnerabilities. The User recognizes that in order to prevent security attacks, QNAP recommends the User to immediately update the Licensed Software to the latest recommended version when such updates are available. To prevent serious losses to the User, the User also agrees that QNAP may need to take necessary action including, but not limited to, suspending the Licensed Software and/or related services.

Section 9 Maintenance Period

The Licensed Software shall be maintained in accordance with the maintenance period and maintenance conditions published on the QNAP official website. QNAP reserves the right to make necessary adjustments to the Licensed Software and its payment scheme.

Section 10 Disclaimer of Warranties

QNAP makes no warranties or claims regarding the suitability, reliability, availability, timeliness, lack of viruses or other harmful content, or correctness of information of the Licensed Software or of the products, services, or related graphics contained in the Licensed Software to the extent permitted by law. All such information, the Licensed Software, products, services, and related graphics are provided "as is" without warranty of any kind. QNAP hereby excludes all warranties and conditions, explicit or implied, in relation to this information, the Licensed Software, products, services, and related graphics, etc., including merchantability, suitability for a particular purpose, technical expertise, proprietary rights, and non-infringement of the rights of others and related statutes, etc. IN NO EVENT SHALL QNAP BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA OR LOSS OF PROFITS OR ANY OTHER DAMAGES ARISING FROM THE USE, PERFORMANCE, OR (IN)CORRECTNESS OF THE LICENSED SOFTWARE, AS WELL AS DELAYS OR INABILITY TO USE THE LICENSED SOFTWARE, EVEN IF THE POSSIBILITY OF SUCH LOSSES CAN BE FORESEEN.

Section 11 Limitation of Liability

QNAP's liability to the User shall be limited to the total amount paid by the User for the initial purchase of the product(s) in question. The foregoing disclaimer and limitation of liability apply to the fullest extent permitted by the law of the place of jurisdiction.

Section 12 Export Restrictions

These Terms are governed by the export laws of each country and all applicable laws and regulations, including, without limitation, the U.S. Export Administration Regulations.

Section 13 Termination

If the User violates any of its obligations under these Terms, QNAP may terminate these Terms immediately in addition to taking other remedial measures. In this case, the User shall stop using and delete all copies of the Licensed Software.

Section 14 Amendments

These Terms constitute a complete agreement between QNAP and the User. To the extent permitted by law, the User agrees QNAP reserves the right to modify these Terms. The User acknowledges that the most up-to-date version of these Terms can be found on the QNAP official website.

Section 15 Governing Law and Jurisdiction

Unless otherwise mandated by relevant laws, these Terms shall be governed by the laws where QNAP Systems, Inc., is located, and shall not be governed by any applicable foreign civil laws. For any dispute related to these Terms, the User shall first conduct alternative dispute resolution (ADR) with QNAP. If ADR fails and the User wishes to bring the matter to the court, the User agrees to exclusively use the court where QNAP Systems, Inc., is located and under whose jurisdiction QNAP falls.

Section 16 Miscellaneous

1. If any part of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the remaining parts shall remain in full force and effect.
2. QNAP's waiver of any provision of these Terms or in breach of any provision of these Terms shall not be deemed a waiver of such rights or a breach of the provision in the future.
3. QNAP may unconditionally transfer the rights set forth in these Terms. The Terms are binding on both the assignee and the User.
4. To the extent permitted by law, in the event of any discrepancy between the interpretation of the Global/English version of these Terms and the interpretation of these Terms in another language, unless specific terms have been released by QNAP for users in a specific region, the Global/English version shall prevail.